Fee to Trust
Reagan Smith teamed with the law firm of St. John, Griffin & Krieg, LLC, provides expert all encompassing Fee to Trust services to Tribes across the county.
Acquisition of land in trust is essential to tribal self-determination. Tribes are sovereign governments and trust lands are a primary locus of tribal authority. Indeed, many federal programs and services are available only on reservations or trust lands. The current federal policy of tribal self-determination is built upon the principles Congress set forth in the Indian Reorganization Act and reaffirmed in the Indian Self-Determination and Education Assistance Act.
Title
The Fee to Trust process starts with site identification and title clearance. Once the title is clear on the property, the Tribe can purchase the property. A Preliminary Title Opinion (PTO) is prepared by a law firm like St. John, Griffin and Krieg, PLLC. Once the Notice of Decision is issued the Final Title Opinion and County Recordation are prepared.
Environmental
Environmental Due Diligence should be performed prior to purchasing the property to ensure the land can be moved into Trust at a later date. Following the purchase of the land an Environmental Assessment will be prepared that addresses all environmental issues. This document will comply with the Environmental Compliance Review.
There are different laws that must be satisfied. Most acquisitions are authorized under 25 USC § 465, Section 5 Indian Reorganization Act (1934) and reviewed under 25 CFR § 151. However, the Department of the Interior must comply with all federal laws, including compliance with NEPA, 602 DM 2 Hazardous Substances Determinations, National Historical Preservation Act (NHPA) and US Department of Justice Title Standards. See 25 CFR § 151.13.
Fee to Trust Application
A fee-to trust land acquisition is a transfer of land title from an eligible Indian Tribe or eligible Indian individual(s) to the United States of America, in trust, for the benefit of the eligible Indian Tribe or eligible Indian individual(s). Reagan Smith Land Department ensures that a complete application is submitted to the Bureau of Indian Affairs for processing. Our team also follows the application through the approval process.
https://www.bia.gov/sites/bia.gov/files/assets/bia/ots/pdf/Fee-to-Trust_Process_for_Discretionary_Acquisitions.pdf